Hit by a Car While Riding a Scooter in Roanoke: What Are My Rights?
A scooter rider hit by a car is in a completely different position than a driver in a fender bender. There is no seatbelt, no airbag, and no steel frame. Even a low speed collision on Jefferson Street or Brandon Avenue can cause fractures and head injuries. If this happened to you, here is what you need to know about your rights in Virginia.
You Have the Same Right to Compensation as Any Crash Victim
If the driver was negligent, you can recover medical bills, lost wages, pain and suffering, and other damages from the driver’s liability insurance, just like in a car accident. The fact that you were on a scooter does not reduce what the driver owes you.
Sources of Insurance Coverage
- The driver’s auto liability insurance
- Your own auto policy’s medical payments coverage, if it applies to you as a non driver
- Uninsured or underinsured motorist coverage if the driver has little or no insurance or fled the scene
- Your health insurance for immediate bills
If the driver took off, read how to recover after a hit and run in Roanoke.
The Fault Fight
Expect the driver’s insurer to argue you were going too fast, riding where scooters are not allowed, or were hard to see. Under Virginia’s contributory negligence rule, those arguments can wipe out a claim entirely if they stick. Photos, video, witness statements, and scooter data can counter them.
What to Do Right Now
Call police so there is a report. Photograph the car, the plate, the scooter, the road, and your injuries. Get witness names. Go to the ER or urgent care that day. Keep the scooter and your helmet as evidence. And do not give a recorded statement before talking with a lawyer.
Frequently Asked Questions
Is a scooter accident treated like a car accident or a pedestrian accident in Virginia?
It depends on the type of device and where you were riding. Either way, a negligent driver is responsible for the injuries they cause, and the driver’s auto insurance is usually the main source of recovery.
What if I was riding on the sidewalk when I was hit?
Sidewalk riding rules vary by locality in Virginia. Riding on a sidewalk does not automatically mean you are at fault, especially if a driver pulled out of a driveway without looking.
How long do I have to file a claim after being hit on a scooter?
Most Virginia personal injury claims must be filed within two years, but claims involving government entities can have much shorter notice deadlines.
Talk With a Roanoke Scooter Accident Lawyer
I represent scooter riders, cyclists, and pedestrians hurt by careless drivers across the Roanoke Valley. Visit my Roanoke personal injury page or contact Lugar Injury Law for a free, no pressure consultation. No fee unless we win.
